Mediation

The Process of Mediation

The outline below helps you understand what to expect in mediation. Be prepared for a forthright, respectful discussion in which all views will be heard respectfully. With the help of the mediator, you and the others in dispute will seek to understand each others' concerns and search for mutually-satisfactory ways to resolve issues.

Gather Information
Each person has an opportunity to describe the issues as s/he sees them.

What happened?
What needs to be resolved?
What do you hope for, need, prefer?

Set the Agenda
Having heard all participants, the mediator turns the discussion in a problem-solving direction by identifying succinctly the issues that need to be addressed and each person's needs with respect to those issues.

Brainstorm Possible Solutions
The mediator helps the participants brainstorm possible solutions. This is a time for creative thinking and developing options to add to those brought to the process.

Identify Satisfactory Solutions
The mediator helps parties sort through and negotiate possible solutions and select those that best satisfy the needs of all concerned.

Create a Written Agreement
Accepted solutions are memorialized in a written agreement with specific details about the agreed-upon terms. This document serves as a reminder and point of referral should any question arise after the close of mediation. Parties may create legally enforceable documents if they choose.

During the course of the mediation, if state law permits, the mediator may conduct confidential, private meetings (caucuses) with each participant in order to better understand what is needed.